Wills And Undue Influence

Do you believe that someone manipulated your loved one to gain advantage in your loved one's will? This is referred to as undue influence, and it is one of the primary reasons for will contests. At Mucci Law Firm in Albuquerque and Santa Fe, our attorneys have more than 10 years of experience handling undue influence cases throughout New Mexico.

Who Exerted Undue Influence On Your Loved One?

The person who exerted undue influence on your loved one was likely someone your loved one trusted. You may have even trusted this person in the past. A nurse. A caregiver. A housekeeper. Perhaps even another relative or a close friend.

This person inserted himself or herself into your loved one's life. You may have thought this person was helping. Now you have learned that this person was only trying to gain more of the inheritance that should go to you, your children or other rightful heirs.

Pursuing A Will Contest Based On Undue Influence

With one of our lawyers as your advocate, you may be able to pursue a will contest based on undue influence. We will educate you about all of your options, from negotiation to mediation to litigation. We will guide you toward the one that is most appropriate.

Our lawyers are well-versed in the applicable laws, including the precedent set in C de Baca, which established a definition of undue influence that needs to be met before a case can proceed. This states that the following factors must be present:

  • Old age and weakened physical or mental condition
  • Lack of consideration for the bequest
  • Unnatural or unjust disposition of the property
  • Participation of beneficiary in procuring the gift
  • Domination or control over the donor by a beneficiary
  • Secrecy, concealment or failure to disclose the gift by a beneficiary

It is important to note that the presence of all factors does not automatically establish undue influence, nor does it guarantee the success of the case. Regardless of the facts present, we know how to prepare a legal strategy designed to help you protect your loved one's final wishes. We encourage you to contact us as soon as possible.

Free Consultations About Undue Influence

Call 800-639-8403 or send an email to discuss wills and undue influence.